My husband and I lived together for more than 5 years without being able to get along, there were too many conflicts, conflicts appeared, even quarrels occurred. Now, in order to have a new life for both of us, we have decided to divorce. The divorce is mutually agreed upon by both parties, there is no dispute over property. We don’t have any children together, so we don’t need to split custody. So about the matter “How long does a consensual divorce take in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Marital Act
- Civil Procedure Code 2015
What is a consensual divorce?
Consensual divorce is a divorce at the request of both husband and wife when they have agreed on all matters relating to the husband and wife relationship, child custody, alimony, property division (or agree to separate claims). division of marital property into another case after divorce). The court will follow the divorce consent procedure. The court makes a decision to recognize the consent of the divorce.
How long does a consensual divorce take in Vietnam?
Regarding the time for settlement of civil cases/cases, the general provisions of Article 212 of the Civil Procedure Code 2015 are as follows:
“Article 212. Making decisions to recognize the agreement of the involved parties
1. After 07 days from the date of making the minutes of successful conciliation, if no involved parties change their opinion on such agreement, the judge presiding over the conciliation session or a judge assigned by the chief justice of the court The public must make a decision to recognize the agreement of the involved parties.
Within 5 working days from the date of issuance of a decision to recognize the agreement of the involved parties, the court must send that decision to the involved parties and the procuracies of the same level.
2. The judge shall only issue a decision to recognize the agreement of the involved parties if the involved parties can reach agreement on the settlement of the whole case.
3. In the case specified in Clause 4, Article 210 of this Code, where the present involved parties can reach an agreement on the settlement of the case, such agreement is only valid for those present and authorized by the judge. The judge shall issue a decision on recognition if it does not affect the rights and obligations of the absent involved party. In case their agreement affects the rights and obligations of the absent party, this agreement is only valid and recognized by the judge if it is agreed in writing by the absent party at the mediation session. copy.”
Thus, the time to resolve the divorce procedure for the case of consent is specified above.
Do you need to go to court for a consensual divorce?
The current law stipulates that the court is the place of trial. Even though they agree to divorce, they still have to go to court to end the marriage. Thus, an amicable divorce still has to go to court
Divorce amicably but husband is absent
According to Article 397 of the Civil Procedure Code 2015 stipulating conciliation and recognition of consent to divorce, agreement on child rearing, and division of property upon divorce as follows:
“Article 397. Reconciliation and recognition of consent to divorce, agreement on child rearing, and division of property upon divorce
1. During the time limit for preparation for consideration of the petition, before conducting conciliation for the reunification of husband and wife, when deems it necessary, the judge may consult with the state management agency in charge of the family and agencies. State management agencies in charge of children about family circumstances, causes of conflicts and aspirations of spouses and children related to the case.
2. The judge must conduct conciliation to reunite husband and wife; explain the rights and obligations between husband and wife, between father, mother and children, among other family members, about alimony and other issues related to marriage and family.
3. In case after conciliation, the husband and wife reunite, the judge shall issue a decision to suspend the settlement of their request.
4. In case of unsuccessful conciliation and reunification, the judge shall issue a decision to recognize the consent of the parties to the divorce and the agreement of the involved parties as prescribed in Article 212 of this Code when the following conditions are fully satisfied:
a) The two parties actually voluntarily divorce;
b) The two parties have reached an agreement on the division or non-division of the common property, the care, upbringing, care and education of the children;
c) The agreement must ensure the legitimate interests of the wife and children.
5. In case the conciliation and reunification is unsuccessful and the involved parties cannot reach agreement on the division of assets, the custody, rearing, care and education of children, the Court shall terminate the settlement of civil matters regarding recognition. agree to divorce, agree to raise children, divide assets upon divorce and accept the case for settlement. The court is not required to notify the acceptance of the case, nor to reassign the judge to handle the case. The settlement of the case shall be carried out according to the general procedures prescribed by this Code.”
Thus, the Court must organize the reunification mediation. After the conciliation and reunification fails, the parties will consider recognizing the divorce agreement and the agreement of the involved parties if all the statutory conditions are satisfied. In order to reconcile and reunite, both parties must be present. Here, it is clear that the court will not be able to conduct the reunification mediation because one party requests to be absent and only the other party participates in the mediation.
Therefore, if the husband is absent, it will only be resolved in the case of a unilateral divorce, while the consent to divorce must be present for both husband and wife.
Procedure for a consensual divorce
In order to proceed with the consent divorce procedure, you need to prepare some documents and proceed to submit them to the court to request a settlement.
What documents are required for a consensual divorce?
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court. Therefore, it is necessary to determine who is entitled to request a divorce. When you agree to divorce, you must prepare the following documents:
Dossier of amicable divorce
Dossier of consent for divorce includes the papers prescribed in Clause 2, Article 29 of the 2015 Civil Procedure Code, which requires recognition of consent for divorce, and property division upon divorce is determined to be a civil matter. Therefore, in order to be resolved by the Court according to the consent divorce procedure, you and your husband must prepare the following documents and records:
• Application for recognition of consensual divorce
• Marriage registration certificate
• Household registration book (certified copy)
• ID card/Citizen identification/passport (certified copy)
• Other documents and evidences evidencing common property such as: Certificate of land use right, certificate of house ownership (red book); vehicle registration; saving
• Documents, evidences and papers proving the debts and property obligations of husband and wife during the marriage period
• If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must consularly legalize the marriage registration certificate and complete the procedures for noting it in the register at the Department of Justice before submitting the application and dossier. application for divorce;
• Other papers and documents
Place of filing: People’s Court of the district where either spouse permanently or temporarily resides or is working (with a labor contract) of either spouse.
Consensus divorce process
Step 1: Submit an application for an amicable divorce
According to the provisions of Point h, Clause 2, Article 39 of the Civil Procedure Code 2015:
“The court where one of the parties consents to a divorce, to an agreement to raise children, to divide assets upon divorce, to reside or work, has the authority to handle requests for recognition of consent for divorce, child custody agreement, and property division. property upon divorce.”
Therefore, where to file for divorce is also one of the things that the couple can agree on. At that time, the two people can agree to go to the court where the wife or husband’s residence resides to carry out the procedure.
Divorce files can be filed directly at the Court or sent by post.
Step 2: Receive notice of application receipt and notice of court fees
After receiving the complete dossier, within 03 days, the Chief Justice of the Court will assign the Judge to settle. If the dossier is eligible, the judge will issue a notice of fee payment and within 5 days, the couple must complete it.
Step 3: Pay the court fee advance
Based on the Court’s notice, the fee advance will be paid at the district-level Civil Judgment Enforcement Sub-department and return the payment receipt to the Court.
Step 4: The court prepares to consider the petition and open a public meeting to resolve the request for recognition of the consent for divorce.
The time limit for preparing the application for consideration is 01 month from the date of acceptance. During this preparation period, the Court must issue a decision to open a resolution meeting and conduct the meeting within 15 days from the date of issuance of the decision.
At that time, the judge will conduct mediation to reunite the husband and wife, explain the rights and obligations of the husband and wife, parents and children, about the responsibilities of support…
Step 5: Make a decision to recognize the consent of the divorce
In case of successful conciliation, the husband and wife will reunite, then the Court will issue a decision to suspend the settlement of the divorce request of the two.
If the conciliation fails, and the couple still wants a divorce, the court will issue a decision to recognize the consent of the divorce. The marriage relationship terminates from the date on which the decision on recognition of consent to divorce takes legal effect.
How many times do you agree to divorce and reconcile?
Currently, the Civil Procedure Code does not detail how many times of consent to divorce and mediation. How many times to organize the mediation depends on the judge’s assessment and judgment, however, the mediation must be done at least once when resolving the request for recognition of the consent of the divorce.
Usually, amicable divorce mediation can be held once or twice in a valid convocation.
– In the first valid summons, if both parties are not present, the Court will consider the two parties to give up the request to recognize the consent of the divorce and will suspend the settlement of the request. If one party is absent from the first valid summons without a valid reason, the Court will postpone the conciliation session.
– In the second valid summons, both parties are required to be present, if one party continues to be absent, the Court will consider this case as unable to conduct conciliation and bring the case to trial if there is any opinion. The other party still wants to continue the divorce.
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Please see more
- How many times for consent divorce to reconcile in Vietnam?
- Women’s rights in divorce according to Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
If the two parties cannot come to an agreement or reach an agreement but fail to ensure the legitimate interests of the wife and children, at the same time, open a court hearing for the divorce case according to common and normal procedures to settle the divorce case. Marriage lasts about 4 months.
Pursuant to Article 37 of Resolution 326/2016/UBTVQH14, the person who requests the Court to recognize the consent of the divorce must be obliged to bear the Court fee, regardless of whether the Court approves their request or not. Husband and wife have the right to agree on the payment of court fees, if unable to reach an agreement, each person bears 50% (ie each person must pay 150,000 VND).
Exceptions, in some cases where court fees are exempted or are not required, the requester does not have to pay.
The Court fee advance will be notified by the Court after the petition for recognition of consent for divorce is received by the Court. Within 5 working days from the date of receipt of the notice of advance payment of the first-instance fee, the requester must complete the payment of this fee and submit a receipt to the Court for settlement of the case. mine.
Clause 5, Article 7 of Decision 326/2016/NQ-UBTVQH14, the first-instance fee advance for settlement of a request for recognition of consent for divorce is equal to the first-instance fee for handling a request for recognition of consensual divorce and is 300,000 VND.
Conclusion: So the above is How long does a consensual divorce take in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
